The Kalamazoo City Commission will consider whether to pass a
resolution affirming civil rights that some say are under attack
from the USA Patriot Act and other federal efforts to counter
terrorism.
The government's surveillance and detention powers were greatly
expanded under the USA Patriot Act, passed by Congress shortly after
the Sept. 11, 2001, terror attacks.
Now, the Task Force for the Defense of the Bill of Rights, made
up of Kalamazoo-area individuals and organizations, has proposed
that the City Commission adopt a resolution opposing compliance with
that law.
"Federal legislation passed in the heat of tragedy ... even
with the best intentions, should not be embraced ... if it is
fundamentally unconstitutional," James Rodbard, president of
the Southwest Michigan Branch of the American Civil Liberties Union,
told city commissioners.
As of Monday, 141 resolutions expressing concerns with the USA
Patriot Act and its implications for civil rights had been passed in
25 states, according to Rodbard.
The resolution proposed by the local task force specifically
opposes activities that include detaining persons without charges,
wiretaps without a judge's approval, search warrants executed
without notice to the subject, surveillance of religious or
political meetings, and obtaining medical, financial and other
records without judicial approval.
It would prohibit use of city funds or personnel to advance the
USA Patriot Act and related U.S. Justice Department and executive
orders, and bar the Kalamazoo Department of Public Safety from
engaging in federal immigration law enforcement activities or in
profiling based on race, ethnicity, citizenship or religious or
political affiliation.
The resolution further urges members of Michigan's congressional
delegation to actively work to revoke sections of the USA Patriot
Act and other federal legislation, orders or directives "which
limit or violate the fundamental rights and liberties"
guaranteed in the U.S. and Michigan constitutions or city
ordinances.
Representatives of the local chapters of the National Association
for the Advancement of Colored People, League of Women Voters,
American-Arab Anti-Discrimination Committee and Gay and Lesbian
Resource Center were among those urging the City Commission to
consider adopting the proposed resolution.
"I think it is important for the city to reaffirm the civil
rights of the residents and make a statement that it will not trade
those rights for illusionary security," said Rev. Jerry
McNeely, president of the Kalamazoo Metropolitan Branch of the
NAACP.
The city's Community Relations Board, an advisory board to the
City Commission, has formally supported the proposed resolution.
Most commissioners didn't take a firm stand on the proposed
resolution Monday, except for Al Heilman, who made it clear he would
not support it. Heilman said those concerned about the USA Patriot
Act should be contacting federal officials, not City Hall.
"I think we are beating our gums idly. ... I think this is
extremely serious here, don't get me wrong, but I think we should go
to the source that started the thing," he said.
Mayor Robert Jones said he is "very, very leery" of
taking up the USA Patriot Act locally. But the mayor said but he
could support a limited study of the issue by the city
administration before the commission decides whether to act.
City Manager Pat DiGiovanni said the administration can do some
"preliminary analysis" and have a report for the
commission in 30 days.
Commissioner Don Cooney said colleagues can and should do their
own research on the topic. "I think these are serious issues
that affect people in our community," Cooney said.
